N.C.P.I.—Motor Vehicle 208.10

NOTE WELL: This instruction replaces former N.C.P.I.-

Civil 208.10, 208.10A, and 208.11, each of which is

consolidated within this replacement instruction.

A law enacted for the safety of the public provides that it is

unlawful to operate a motor vehicle upon any [highway] [street] [public

vehicular area] while impaired.

[A person is impaired when he is under the influence of an

impairing substance. A person is under the influence of an impairing

substance when he has consumed a sufficient quantity of an impairing

substance to cause him to lose the normal control of his physical or

mental faculties, or both, to such an extent that there is an appreciable

impairment of either or both of these faculties. (Name impairing

substance) is an impairing substance.1]

[A person is (also) impaired when he has consumed a sufficient

quantity of alcohol2 that at any relevant time after the driving he has an

alcohol concentration of 0.08 or more grams of alcohol per [210 liters of

breath] [100 milliliters of blood].3 A relevant time is any time after the

driving in which the operator still has in his body alcohol consumed before

or during the driving.4]

[A person is (also) impaired when he has any amount of [a

Schedule I controlled substance] [metabolites5 of a Schedule I controlled

substance] in his blood or urine]. (Name substance) is a Schedule I

controlled substance or is a metabolite of a Schedule I controlled

substance.6]

A violation of this safety law is negligence in and of itself.